Sexual harassment at work is never “just part of the job.” If you feel targeted, New York law provides clear legal remedies to stop the misconduct and recover damages.
If you’re asking, “Can I sue my employer for sexual harassment?” the answer in New York is yes.
Whether you’re facing crude comments, persistent advances, or retaliation after speaking up, you have legal options to protect your rights and dignity. At Rissmiller PLLC, we understand these moments.
Founder Alex Rissmiller brings insider experience from both sides of the courtroom, providing unique insights into employer tactics and effective strategies to combat them.
When Can I Sue My Employer for Sexual Harassment?
Not every inappropriate situation leads to a lawsuit. It’s essential to first understand the definition of sexual harassment under New York and federal laws. A strong sexual harassment claim depends on clear evidence, proper reporting, and a timely legal response. When those elements align, the law provides a clear path for holding your employer accountable.
Suing for Sexual Harassment: What Counts?
Sexual harassment doesn’t have to involve physical touching to be illegal. Under both federal and New York State law, harassment is unlawful when it subjects an employee to unwelcome conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. Unwelcome conduct could include:
- Repeated, inappropriate jokes, comments, or questions;
- Unwanted physical contact or touching;
- Sexual advances, requests for dates, or innuendos;
- Retaliation for rejecting a supervisor’s advances; and
- Sharing sexually explicit images, messages, or videos.
Illegal harassment also happens when a workplace superior requests sexual contact or favors in exchange for employment benefits. For example, a manager suggesting a promotion or raise in exchange for a date is considered unlawful sexual harassment under New York law.
Under the New York Human Rights Law (NYHRL) and Title VII of the Civil Rights Act of 1964, these behaviors can support a workplace sexual harassment lawsuit.
Can I Sue My Employer Directly for Sexual Harassment?
Yes. You can hold your employer legally responsible for harassment if:
- A manager or supervisor was the harasser;
- You reported the harassment, and the employer failed to address it;
- You faced retaliation after speaking up or filing a complaint; or
- The company knew or should have known about the harassment.
Under New York law, you can sue your employer directly in state court without filing an administrative complaint first with the NY State Division of Human Rights or the Equal Employment Opportunity Commission (EEOC).
By contrast, filing a lawsuit under Title VII requires first submitting a charge to the EEOC and obtaining a “right to sue” letter. An attorney can advise you on the best legal strategy based on your specific circumstances.
What Damages Can I Recover in a Workplace Sexual Harassment Lawsuit?
Victims who file a workplace sexual harassment lawsuit may be entitled to compensation. Your attorney will evaluate potential damages, such as:
- Past and future lost wages;
- Emotional distress and psychological harm;
- Damage to career advancement, including demotions or missed opportunities;
- Legal fees and court costs; and
- Punitive damages, in cases of extreme misconduct.
Every case is different. Some settle early. Others go to trial. But none succeed without clear evidence and careful legal strategy.
What Should I Do Before Suing for Sexual Harassment?
Before filing a lawsuit, take the following steps to protect yourself and strengthen your case:
- Document everything. Keep emails, messages, voicemails, and written notes related to your harassment. Record dates, locations, witnesses, and descriptions of each incident, and save copies of HR reports or internal complaints.
- Report the behavior internally. Follow your company’s harassment reporting policy, if one exists, and submit written reports (not just verbal complaints) to HR or management.
- Get legal advice early. Schedule a consultation with an attorney to understand your options.
Don’t wait: New York has a three-year deadline for filing a lawsuit, but some administrative claims require faster action. Even if you’re unsure about filing, early legal guidance can help you avoid missteps that hurt your claim later.
How Long Do I Have to File a Sexual Harassment Complaint?
In New York, you generally have:
- Three years to file a workplace sexual harassment lawsuit under the NYSHRL;
- Three years to file under the NYC Human Rights Law, if harassment occurs within city limits; and
- 300 days to file an EEOC complaint under Title VII, if you pursue a federal claim.
Timing matters. If you’re considering action, start now.
What If I’ve Been Fired or Demoted?
Retaliation against employees who complain about sexual harassment is illegal. If your employer punishes you for speaking up, you may have a retaliation claim in addition to your harassment case. Punishment includes:
- Firing or demotion,
- Reduced hours or reassignment to undesirable duties, and
- Hostile treatment by colleagues or managers after your report.
New York law offers strong retaliation protections, including job reinstatement, back pay, and compensatory damages for victims whose employers punish them for asserting their rights. Your lawyer can help gather the evidence to link the retaliation directly to your complaint and pursue compensation for the added harm.
Rissmiller PLLC Can Help You Reclaim Control
When your workplace becomes toxic, you need more than legal advice. You need a partner who knows the battlefield. Alex Rissmiller has handled harassment and discrimination cases from both sides of the table. Before founding Rissmiller PLLC, he defended corporate employers.
Now, he uses that insight to dismantle their defenses and fight for individuals who’ve been harmed. Whether you want a quiet resolution or are ready to take your case to trial, Alex and his team can help create a strategy tailored to your goals.
Schedule Your Free Consultation Today
At Rissmiller PLLC, we offer free consultations and personalized representation. We’re not here to drag you through endless litigation; we’re here to help you win back power, privacy, and peace of mind. Contact us today and take the first step toward reclaiming your rights, restoring your dignity, and building the future you deserve.
Resources:
NYC Human Rights Law. Link
NYC Commission on Human Rights: Sexual Harassment is Discrimination and is Illegal in NYC. Link
